Asirvadem v Wesley Community Services Ltd [2022] NSWCATAP 196

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Asirvadem v Wesley Community Services Ltd [2022] NSWCATAP 196 Hearing dates: 2 June 2022 Date of orders: 10 June 2022 Decision date: 10 June 2022 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member L Wilson, Senior Member Decision: 1. The appellant's request for an adjournment of the hearing of the appeal is refused. 2. Leave to appeal is refused. 3. The appeal is dismissed. Catchwords: LANDLORD and TENANT-social housing residential tenancy-claim for arrears of rent and as to amount of rent to be paid-previous consent order for increased rent to be paid-jurisdiction of the Tribunal to make orders involving calculation of rent for social housing-orders based upon previous consent orders as to the amount of rent and uncontroversial fact that the tenant had not paid the increased rent the subject of those orders-simple mathematical calculation as to the amount of rental arrears. APPEAL-contention that Tribunal had no jurisdiction to make the orders appealed from-other errors alleged, including bias, procedural unfairness lack of informed consent from the tenant-no evidentiary support for these allegations and contentions-adjournment request refused. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Collins v Urban [2014] NSWCATAP 17 Watson v Chen [2022] this NSWCATAP 44 Category: Principal judgment Parties: Derek Asirvadem (Appellant) Wesley Community Services Ltd (Respondent) Representation: Appellant (Self-represented) Respondent (Self-represented) File Number(s): 2022/00063192 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 25 February 2022 Before: G Kinsey, General Member File Number(s): SH 21/49374